27 August 2025, by Jyeshta Mahendran, Advocate & Solicitor of the High Court of Malaya; Elisia Engku Kangon, Advocate & Solicitor of the High Court of Malaya; and Naagathurga Vijaya Kumar, Pupil in Chambers
Intellectual property (“IP”) laws reward innovation by providing exclusivity to creators of IP for a limited period of time. This enables an IP owner to recuperate expenses spent for producing their works in order for them to be able to create even better inventions or innovations for consumers in the future. The objective of IP rights is to encourage innovation, which translates to diversification of product choices, quality, and pricing.
In a competitive and innovation-driven economy, protecting IP rights, including patent rights in your inventions, is vital. A patent grants the patent owner the exclusive right to prevent others from making, using, or selling a patented invention without consent. In Malaysia, the patent system is administered by the Intellectual Property Corporation of Malaysia (“MyIPO”) which provides protection for inventions that meet the criteria under the Patents Act 1983. Whether you're a startup, a research and development-based company, or an individual innovator, understanding the patent filing process is essential for securing your competitive edge.
This article outlines the essential steps and legal framework for filing a patent in Malaysia, offering a clear and practical roadmap to prevent common pitfalls.
Legal Framework
The Malaysian patent system is governed primarily by the Patents Act 1983 and the Patents Regulations 1986.
IP rights are territorial in nature, this being one of the basic foundational principles of IP laws where IP rights do not extend beyond the territory of the state under which they have been granted. Multilateral treaties and conventions on IP rights have, in a way, evolved as an effect of the principle of territoriality of rights to increase international cooperation as a result of international trade and commerce where membership in international treaties have allowed member nations to protect the IP rights of nationals of other countries, and at the same time preserving minimum standards of protection within member countries to the treaties.
Malaysia is a signatory to several international agreements, such as the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty (“PCT”), and the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). These affiliations allow Malaysian applicants to claim priority of an earlier application date filed in another member country and facilitate the streamlining of the international patent filing process, amongst various other features.
What Can Be Patented?
To qualify for patent protection in Malaysia, an invention must satisfy the following three criteria:
- Novelty — the invention must be new and not disclosed anywhere in the world prior to the filing date;
- Inventive step — the invention must not be obvious to a person skilled in the relevant field of innovation; and
- Industrial applicability — the invention must be capable of being made or used in an industry.
A utility innovation (“UI”) is an innovation that creates a new product or process, or any new improvement of a known product or process which is capable of industrial application. Unlike a patent, a UI only needs to be novel/new and industrially applicable. It does not need to be inventive. However, a UI can only contain one claim.
Some subject matter is excluded from patent protection in Malaysia. These include:
- Discoveries, scientific theories, and mathematical methods;
- Methods for treatment of the human or animal body by surgery or therapy and diagnostic measures;
- Plant or animal varieties or biological processes for their production; and
- Schemes, rules or methods for doing business or performing mental acts or playing games.
Types of Patent Applications
There are three primary ways to file a patent in Malaysia:
- National filing — this is a direct filing with MyIPO without any priority claim;
- Paris Convention Application — applicants who have filed a patent application in another Paris Convention country may claim priority in Malaysia within 12 months from the earliest filing date; and
- Patent Co-Operation Treaty (“PCT”) National Phase Application — Malaysia is a designated state under the PCT, allowing international applicants to enter the national phase in Malaysia within 30 months from the priority date.
Filing Procedure
1. Pre-Filing Stage
Before filing, applicants are encouraged to conduct a prior art search to determine whether their invention is novel, as it can save significant time and cost by identifying similar inventions already disclosed.
It is also advisable to engage a registered patent agent, particularly for drafting the claims and ensuring the application complies with formal and technical requirements to prevent unnecessary objections from being raised.
2. Filing the Application
To file a patent application in Malaysia, the following documents must be submitted to MyIPO:
- Form 1 (Request for Grant of a Patent);
- Description of the invention:
- Title of the invention;
- Technical field of the invention;
- Background art;
- Brief explanation on the drawings (if any); and
- Sequence listing (if applicable).
- Claims defining the scope of the invention;
- Abstract summarising the invention; and
- Drawings (if any).
The application may be submitted in English or Bahasa Malaysia. For foreign applicants, a local address for service (usually via a local patent agent) is required. Power of attorney is not required but the agent would need to submit a Form 17 that has been signed by a person authorised by the patent applicant.
3. Formalities Examination
Upon receiving the application, MyIPO will conduct a formalities examination to ensure all documents are complete and comply with the prescribed format. If deficiencies are found, the applicant will be notified and given an opportunity to correct them within a specified time.
4. Substantive Examination
A request for substantive examination must be filed within 18 months from the filing date (using Form 5). MyIPO will then assess whether the invention meets the substantive requirements: novelty, inventive step, and industrial applicability.
Applicants may opt for:
- Normal substantive examination, or
- Modified substantive examination, relying on the grant of a corresponding foreign patent (for example, from the US, the UK, European Patent Office, Japan, Korea, and Australia).
If the examiner raises objections, the applicant will have an opportunity to respond or amend the claims.
5. Publication and Grant of Patent
Patent applications in Malaysia are published 18 months from the filing date, or when applicable, the priority date. Following publication, the application proceeds to substantive examination. If the examiner is satisfied that all formal and substantive requirements have been met, a notice of grant is issued. The granted patent is then published in the Government Gazette, and the applicant is issued a certificate of grant.
Patent Term and Maintenance
A patent granted in Malaysia is valid for 20 years from the filing date, provided that annual renewal fees are paid starting from the second year. These fees must be paid on or before the anniversary of the filing date.
If the renewal fee is not paid by the due date, a six-month grace period is allowed (with surcharge). Failure to renew the patent within this period will result in lapse of the patent.
Enforcement and Infringement
A patent gives its owner the exclusive right to prevent others from commercially exploiting the invention without consent. This includes making, using, selling, or importing the patented product or process.
Patent infringement is enforceable through civil litigation in Malaysian Courts. Remedies available to the patent owner include:
- Injunctions to stop the infringing activity;
- Damages or account of profits; and
- Delivery up or destruction of infringing goods.
There is currently no criminal liability for patent infringement in Malaysia.
As a risk management measure, parties who wish to commercialise a product or a process should conduct a freedom to operate (“FTO”) search to identify potential risks of patent infringement. An FTO search assesses whether a product or process may infringe existing patents in the market, where the search is conducted by identifying key features of the product or process to be commercialised and comparing the same against existing patents. By managing risks at the outset, an FTO search helps to avoid potential disputes, which may be costly due to the high costs of patent litigation.
Common Mistakes to Avoid in Protecting Your Patent
- Premature disclosure — publicly disclosing your invention (for example, in a journal, pitch, or product release) before filing can destroy its novelty.
- Failure to request examination — if no request for substantive examination is made within the stipulated time, the application will be deemed withdrawn.
- Poor drafting — a poorly drafted specification or overly broad claims may result in rejection or weak protection. Always use a qualified patent agent.
Conclusion
Filing a patent in Malaysia is a structured yet an accessible process, designed to help inventors secure their rights and benefit from their innovations. While the procedure can appear complex, especially for new applicants, understanding the step-by-step process and seeking professional assistance where necessary can ensure a smooth journey from invention to protection.
In a world where innovation is key, timely patent filing can be the difference between market leadership and a missed opportunity.